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HomeMy WebLinkAbout142 - 12/17/1991 - AMENDING CITY CODE PERTAINING TO SOLAR ORIENTATION FOR RESIDENTIAL LOTS ORDINANCE NO. 142, 1991 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 29 OF THE CODE OF THE CITY BY THE ADDITION OF PROVISIONS PERTAINING TO SOLAR ORIENTATION FOR RESIDENTIAL LOTS WHEREAS, the citizens of the City have a strong desire to achieve and maintain an energy-conscious community; and WHEREAS, the City's Comprehensive Plan contains many statements which encourage and require energy efficient development; and WHEREAS, the City had adopted general solar energy policies which state that solar energy is a preferred fuel source to meet future needs; and that the development of private lands in a manner which encourages the use and protection of solar energy systems will advance the public health, safety and welfare and will promote the public interest; and WHEREAS, by Resolution 91-72, the Council of the City of Fort Collins directed the staff to prepare for presentation to the City Council certain amendments to the Land Development Guidance System and subdivision regulations to include a solar lot orientation requirement; and WHEREAS, the staff, working together with a technical advisory committee, has conducted various public meetings and has extensively researched the issue of a solar lot orientation requirement and has made its recommendation to the City Council ; and WHEREAS, the Council has determined that the solar lot orientation requirements and program as presented by the staff is in the best interests of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That Section 29-1 of the Code of the City is hereby amended, in alphabetical order, to read as follows: Sec. 29-1. Definitions. Solar-oriented lot shall mean: (1) A lot with a front lot line oriented to within thirty (30) degrees of a true east-west line. When the lot line abutting a street is curved, the front lot line is the chord or straight line connecting the ends of the curve. For a flag lot, the front lot line is the lot line that is most parallel to the closest street, excluding the "pole portion of the flag lot; or (2) A lot which, when a straight line is drawn from a point midway between the side lot lines at the required front yard setback to a point midway between the side lot lines at the required rear yard setback, is oriented to within thirty (30) degrees of true north along said line; or (3) A corner lot with a south lot line oriented to within thirty (30) degrees of a true east-west line. The south lot line must adjoin a public street or permanently reserved open space. The adjacent street right-of-way or open space shall have a minimum north-south dimension of at least fifty (50) feet. (For purposes of this definition, "permanently reserved open space" includes, without limitation, parks, cemeteries, golf courses and other similar outdoor recreation areas, drainage ditches and ponds, irrigation ditches and reservoirs, lakes, ponds, wetlands, open spaces reserved on plats for neighborhood use and other like and similar permanent open space. ) Section 2. That Section 29-526(D) , All Development Criteria for Planned Unit Developments (LOGS) , of the Code is hereby amended by the addition of the following Criterion 32, with all following Criteria to be renumbered accordingly: 32. Do at least sixty-five (65) percent of the lots less than fifteen thousand (15,000) square feet in area in single- and two-family residential developments conform to the definition of a "solar-oriented lot" in order to preserve the potential for solar energy usage? Section 3. That Section 29-526(D) , Residential Density Chart (LOGS) , of the Code is hereby amended by the addition of a new subparagraph (1 ) , with all subsequent subparagraphs to be relettered accordingly, which new subparagraph (1 ) shall read as follows: (1 ) Calculate a one (1) percent bonus for every one (1) percent increase in the number of lots properly oriented for solar energy usage beyond that required pursuant to All Development criterion #32, up to a maximum credit of ten (10) percent. Section 4. That Section 29-526(G) (3) (c) , Submittal Requirements for Preliminary PUD Plans (LOGS) , of the Code is hereby amended to read as follows: [30] The number and percentage of solar-oriented lots in the preliminary plan; and the proposed number and percentage of solar-oriented lots in each phase of development. Each solar- oriented lot shall be identified on the site plan. Section 5. That Section 29-526(G) (4) (b) , Submittal Requirements for Final PUD Plans (LOGS) , of the Code is hereby amended to read as follows: [9] The number and percentage of solar-oriented lots in the final plan. Each solar-oriented lot shall be identified on the site plan. 2 Section 6. That Section 29-627(a) of the Code of the City is hereby amended to read as follows: Sec. 29-627. Variances. (a) When permitted, the Planning and Zoning Board may authorize variances under this Article upon its finding that the following requirements in (1) , (2) or (3) have been satisfied: (1) That by reason of exceptional topographical , soil or other subsurface conditions or other conditions peculiar to the site, hardship would be caused to a subdivider by the strict application of any provisions of this Article. Such variances shall not be granted if it would be detrimental to the public good or impair the intent and purposes of this Article. The decision of the Planning and Zoning Board on any application for variance shall be set forth in writing in the minutes of the board. (2) That by reason of exceptional conditions or difficulties with regard to solar orientation or access, hardship would be caused to a subdivider by the strict application of any provisions of this Article. Such variance shall not be granted if the same would be detrimental to the public good or impair the intent and purposes of this Article. The decision of the Planning and Zoning Board on any application for variance shall be set forth in writing in the minutes of the board. (3) The applicant demonstrates that the plan as submitted is equal to or better than such plan incorporating the provision for which a variance is requested. Section 7. That Section 29-642(6) is hereby amended by the addition of a new subparagraph (o) , with the remaining subparagraph to be relettered accordingly, which new subparagraph (o) shall read as follows: Sec. 29-642. Preliminary plat review. (6) o. The number and percentage of solar-oriented lots in the preliminary plat; and the proposed number and percentage of solar-oriented lots in each phase of development. Each solar-oriented lot shall be identified on the preliminary plat. Section 8. That Section 29-643(e) is hereby amended by the addition of a new subparagraph (8) , with all subsequent subparagraphs to be renumbered accordingly, which new subparagraph (8) shall read as follows: 3 Sec. 29-643. Final plat review. (e) (8) The number and percentage of solar-oriented lots in the final plat. Each solar-oriented lot shall be identified on the final plat. Section 9. That Section 29-658 of the Code is hereby amended by the addition of a new subparagraph (c) to read as follows: Sec. 29-658. Lots and blocks. (c) For all single- and two-family residential lots less than fifteen thousand (15,000) square feet in area in a subdivision not required to be approved as a planned unit development, sixty-five (65) percent of the lots shall conform to the definition of a "solar-oriented lot" in order to preserve the potential for solar energy usage. This provision shall not apply to lots approved pursuant to § 29-644, Minor Subdivisions, and to lots located in the R-F, Foothills Residential zone. Section 10. That the staff and Planning and Zoning Board shall perform an audit of the foregoing solar orientation requirements promptly after three hundred fifty (350) lots have received preliminary approval for development under this ordinance; and again promptly after three hundred fifty (350) additional lots have received preliminary approval for development under this ordinance. Reports of said audits shall be submitted promptly upon their completion to the City Council advising the Council as to the effectiveness of these measures. Introduced, considered favorably on first reading, and ordered published this 3rd day of December, A.D. 1991 , and to be presented for final passage on the 17th day of December, A.D. 1991 . M yor ATTEST: a City Clerk Passed and adopted on final reading this 17th day of December, A.D. 1991 . M yo r ATTEST: City Clerk 4� ` v 4